Attorney General Jeff Sessions has fired outgoing FBI Deputy Director Andrew McCabe, who was set to retire in about 24 hours. From The Washington Post:

Sessions announced the decision in a statement just before 10 p.m., noting that both the Justice Department Inspector General and the FBI office that handles discipline had found “that Mr. McCabe had made an unauthorized disclosure to the news media and lacked candor — including under oath — on multiple occasions.”

He said based on those findings and the recommendation of the department’s senior career official, “I have terminated the employment of Andrew McCabe effective immediately.”

The move will likely cost McCabe a significant portion of his retirement benefits, though it is possible he could bring a legal challenge. McCabe has been fighting vigorously to keep his job, and on Thursday, he spent nearly four hours inside the Justice Department pleading his case.

Yes, maybe he is being singled out. If he is, it is because he was the Deputy Director of the FBI. Immediately below the political head of the agency, and over every career civil service agent or other employee. He was supposed to be setting an example for the rest of the agency. Instead, he was hosting #Resistance meetings in his office. Now his firing is the example – that no one is too high in the bureau that the rules don’t apply.

He may whine, and he may sue. But I really don’t think that he will win. Maybe he will be able to prove that his bosses (Dirs Comey and Wray) instructed him to leak (and it is questionable whether they legally could authorize such), but he isn’t going to be able to overcome the charge that he lacked candor:
– he failed to turn Stryck, Page, et al. In for their “insurance policy” and their #Resistance meetings IN HIS OFFICE.
– he failed to disclose in required filings that his wife received $700k in political donations from longtime Clinton bagman, Terry McCaliffe, when she was under investigation for her illegal email server.
– he personally signed (I believe under oath) the 4 Carter Page FISA Title 2 warrant applications, knowing that the basis of the application was the salacious, uncorroborated, campaign opposition research Steele Dossier, paid for by Clinton campaign and the DNC. He also knew at the time that he signed, that Steele had lied to the FBI about disclosing the Dossier to the press, because that was why they decided ultimately not to pay for the Dossier. This too was not disclosed to the FISC. And, of the 8 signatures, on the 4 warrant applications, half were his (the other 4 were from various DoJ DAGs), and he was the one person best placed to know that the applications were fraudulent.

Actually, the agents at the time who interviewed Gen Flynn apparently didn’t believe that he had lied to them. It was only later that Mueller’s attack dogs reinterpreted the interview to his detriment. The same prosecutors who had failed to provide all their exonerating evidence to him and the court, and who has been waiting over three months now for sentencing, likely due to irregularities by both the Mueller attorneys and the original judge involved (since replaced).

I find it interesting that McCabe said he had full explicit legal authority from Directors Comey and Wray both to leak to the media and “explain” things on the Bureau’s behalf after he, personally, had been put in a bad light.

His problem there is that he very likely doesn’t have that claimed authorization in writing. And that very likely means that it is his word against theirs, in a situation where delegation of authority is supposed to be in writing, and with him as the designated fall guy. Someone has to have the biggest scalp on the wall, and both Comey and Wray no doubt will be content to let McCabe’s be the top one on the FBI side. On the DoJ side, I expect that the biggest scalp will be that of DAG Sally Yates. I think that she is too loyal, too much the political operative, to let them get her boss, AG Lynch.

His problem there is that he very likely doesn’t have that claimed authorization in writing. And that very likely means that it is his word against theirs, in a situation where delegation of authority is supposed to be in writing, and with him as the designated fall guy. Someone has to have the biggest scalp on the wall, and both Comey and Wray no doubt will be content to let McCabe’s be the top one on the FBI side. On the DoJ side, I expect that the biggest scalp will be that of DAG Sally Yates. I think that she is too loyal, too much the political operative, to let them get her boss, AG Lynch.

I think you are wrong on this. Federal employees under the old pension plan did contribute and under the new plan they basically get SS with an addition TSP option they contribute to with govt matching.

Unless retirement is removed as a penalty in a criminal case he would retain his full retirement. His problem is he was short of the 20 years required for immediate retirement for a law enforcement officer. So i think he will have to wait until he reaches 62 years of age required for a normal FERS retirement. Note this may be off, as I have not been able to find the exact rules for those seperating with less than 20 years service

This is a story about hubris. I actually kind of feel sorry for this guy–after all, government bureaucrats lie all the time and don’t get burned like this for it. McCabe was the consummate brown noser who made his career by keeping it buried in Comey’s butt cheeks.

The hubris and arrogance was in thinking that somehow he and Comey and his little circle of high-level FBI bureaucrats were more powerful and more important than the President. That somehow the worm wouldn’t ever turn.

McCabe’s arrogance remains astounding–instead of simply saying nothing (leaving any appeals to the legal process rather than public posturing), he has his attorneys actually claim that the FBI’s own OPR and the DOJ’s IG’s reports on him were an attack on Mueller’s investigation. That him being fired on the literal eve of his retirement is equivalent to attacking the FBI.

Agree with a lot of what you say, but I can’t feel sorry for this crook. He is responsible for his actions and deeds. So what if others do wrong, if other lie? It doesn’t make it right, and I have a feeling this will have other shoes dropping. I don’t laugh at someone performing self inflicted wounds, but I find it hard to excuse that behavior, or feel bad for them.

Others will feel the heat as this turkey starts to spill more in an effort to defraud the government more than he already has.

Bet he was offered deals up until the end.
While he may claim that POTUS was out to get him, the IG and OPM board made the recommendation.
Who’s next? I bet Strokz and Page are still there beuse they are singing.
They didn’t need Andy as long as Priestep is cooperating.
Get the popcorn, the show is just getting started

You don’t have to apologize. Sessionszzz’ own behavior gave you every reason to think that. This is another reason I don’t support “n-dimensional chess:” it may keep your enemies guessing, but it demoralizes your base at the same time.

I don’t believe they will take his pension, if he was a GS (a Permanent Full Time or PFT) level employee. He may not get that so-called “golden parachute” – the salary for life, basically – that comes to many federal Senior Executive Service employees (SESs) in the federal government. But I do not think they can take his pension – not unless he is convicted of a crime.

“…For most any federal worker who is fired for poor performance or for cause, you will not lose your retirement eligibility. If you’re fired and eligible at the time of termination for an “immediate” retirement annuity, you can also file for your retirement annuity after termination, or instead at the time of termination you can simply retire in lieu of being fired. The SF-50 will be coded to reflect that you retired in lieu of being fired to indicate that an adverse action was pending against you when you retired. If you are not eligible for an immediate annuity at the time of termination, you do not lose your eligibility for a “deferred” annuity just like any other federal worker who leaves federal service short of being fully eligible to collect a retirement annuity. Your annuity will be deferred until you reach the age eligibility to collect a deferred annuity.

There are a few statutory exceptions such that being fired under this limited circumstance will indeed cause you to lose your retirement eligibility. Those exceptions are for an employee convicted of a crime against the national security of the United States. The crimes are enumerated at 5 USC section 8312. Here’s a smattering of the crimes enumerated: gathering or delivering defense information to aid a foreign government; harboring or concealing the enemy; disclosure of classified information; espionage; sabotage against the U.S.; treason, rebellion or insurrection; seditious conspiracy; advocating the overthrow of the U.S. government; activities to harm the U.S. armed forces during war.

Let me repeat: For a termination to affect your retirement annuity, you must be convicted of one of those crimes….”

Thanks for clarifying that. I could not imagine that they could actually take his pension away because people spend 20-30 years with the understanding that part of their pay goes toward a pension. In effect, it is earned with each pay period worked. So while I’m good with someone who abuses their power losing their pension, in my mind, taking away their pension is similar to saying that they are not entitled to any assets that their previous pay purchased. So you could wipe out their bank accounts and take their house, etc..

For crimes of this magnitude, it makes sense, however this power to strip a pension, shortly before retirement could easily be abused by a malicious supervisor or a tyrannical government.

I think that those who have been critical of Sessions may need to rethink their criticisms. It is likely that things are starting to heat up and as they do we will discover that Sessions has been quite busy doing what so many wanted. He’s been like a duck who serenely floats upon the water appearing to be doing nothing, but underneath the water he’s paddling like mad. I will wager we are about to discover how busy Sessions really has been as this entire e=mess starts to snowball. Life is about to become exciting for so many in Washington.

Don’t buy it for a second. Sessions would have had to empanel a Grand Jury, interview witnesses etc. Though a Grand Jury is supposed to be secret, witnesses talk and this Grand Jury would have been reported in the media. Sorry Mr Magoo is a pathetic disgrace and will only stop protecting these criminals when forced to. The IG handed Sessions a public report stating to fire McCabe. Sessions didn’t investigate this or take any action, even though he knew McCabe was a crook until being told what action to take by the IG.

In the more fevered areas of the internet it’s reported that sealed indictments are up. Not a little up, but way, way up. Speculation is they’re for swamp clearing, and that the IG report is going to be explosive.

Bizarre comments from McCabe since Trump had nothing to do with his firing. Sessions who was conveniently “traveling” during this incident so he didn’t have to confront McCabe really had no choice. The Inspector General recommended firing for several incidents that may be felonies. Sessions would have had to overrule the IG causing more conflict and probably giving Trump the excuse to fire him.

He would have had to overrule the FBI as well. If even the FBI says that a man who’d given it 21 years of service needed to be fired and that still wasn’t good enough for Sessions, I’d want to fire Sessions myself.

The claims that Trump’s evil tentacles now reach into the deepest career ranks of the FBI is… interesting, pumping up Trump’s power and influence far beyond what I believe to actually be the case.

Also treason. He signed many of those FISA warrants. I’ve read, but don’t know for sure, that the FISA spying is treason. I’m sure there are many caveats to that, but I believe they were so cock sure that Hillary would win (and they had gotten away with so much for so long) that they really thought there would be no consequence for spying on a presidential campaign.

Don’t know about treason, but he apparently did sign all 4 Carter Page FISA warrant applications for the FBI. I think that three different DAGs signed the warrant applications for the DoJ. At a minimum, at the time, he would have known that the primary basis for the warrant was the salacious Steele Dossier, that it was mostly uncorroborated, partially discredited, paid for as opposition research by the Crooked Hillary campaign and its DNC arm, and that the FBI knew that Steele had lied to them about having disclosed it to the press (as evidenced by their deciding not to pay for it for that reason, after having had the payment authorized). Making that a bit comedic, they used the leak to the press by Steele in the warrant application as independent corroboration of the contents of the Dossier. This is the basis of the four warrant applications he signed.

Andrew McCabe, the onetime FBI deputy director long scorned by President Trump and just fired by the attorney general, kept personal memos regarding Trump that are similar to the notes compiled by dismissed FBI chief James Comey detailing interactions with him, The Associated Press has learned.

If so, these records are Federal, and must be surrendered to be archived. They are also then classified, and cannot be disclosed by him for any multi-million dollar book deal without going through the declassification process (or convenient leaks to friendly press under the (D) rule, it seems)

Even if the Govn’t contributed, many employees make the decision to stay in govn’t service enticed by the promise of the upcoming pension. It is in effect, part of the pay they receive each pay period.

I hear the desire to strip him of his pension and am glad there is a mechanism to do it for those who commit crimes. I’m just saying that it’s a dangerous precedent because there are likely far more malicious supervisors/tyrants who would threaten or deny deserving employees their pension than there are criminals like McCabe.

McCabe used his office to engage in partisan political actions. some of which appear to be criminal or bordering upon the criminal. Then he lied about it under oath. And, worse, he was caught. Termination is the least that should be done to him. Under federal civil service laws, he is free to contest his termination. That is not likely to happen, as he is guilty of the actions charged.

Actually, he should be facing criminal charges just like Mike Flynn. Flynn was charged with making inaccurate statements to the FBI, he was not even under oath, and the actions in which the statements were made were not a violation of any law, regulation or rule.

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